Violence Offences Flashcards
188(1)
Wounding with Intent
With Intent to cause GBH
to any person
Wounds, Maims, disfigures or causes GBH
To any person
188(2)
Wounding with intent
With intent to injure any one or with reckless disregard for the safety of others
Wounds, maims, disfigures or causes GBH
To any person
189(1)
Injuring with intent
With intent to cause GBH
To any person
Injures
Any person
189(2)
Injuring with Intent
With intent to injure any one or with reckless disregard for the safety of others
Injures
Any person
191(1)
Aggravated wounding
With intent to
(a) to commit or facilitate the commission of any imprisonable offence
(b) avoid detection of himself, herself or another in the commission of an imprisonable offence
(c) to facilitate flight or avoid arrest of himself, herself or another in the commission of an imprisonable offence
Wounds, Maims, disfigures or causes GBH to any person, Stupefies or renders any person unconscious, by any violent means renders any person incapable of resistance
191(2)
Aggravated Injury
With intent to
(a) to commit or facilitate the commission of any imprisonable offence
(b) avoid detection of himself, herself or another in the commission of an imprisonable offence
(c) to facilitate flight or avoid arrest of himself, herself or another in the commission of an imprisonable offence
Injures any person
192 (1)
Aggravated Assault
With intent to
(a) to commit or facilitate the commission of any imprisonable offence
(b) avoid detection of himself, herself or another in the commission of an imprisonable offence
(c) to facilitate flight or avoid arrest of himself, herself or another in the commission of an imprisonable offence
Assaults
Any person
192 (2)
Aggravated assault
Assaults
-any constable
-any person acting in aid of any constable
- any person in the lawful execution of any process
With intent to obstruct the person so assaulted in execution of his duty
198 (1)
Discharging a firearm or doing a dangerous act with intent
With intent to cause GBH
(a) discharges any firearm, airgun or other similar weapon at any person
(b) sends or delivers to any person, or puts in any place, any explosive or injurious substance or device or
(c) sets fire to any property
198(2)
With intent to injure
(a) discharges any firearm, airgun or other similar weapon at any person
(b) sends or delivers to any person, or puts in any place, any explosive or injurious substance or device or
(c) sets fire to any property
198A (1)
Using a firearm against law enforcement officer
Uses any Firearm
In any manner whatever
Against any
- constable
- traffic officer
- prison officer
Acting in the course of his or her duty
Knowing that, or being reckless whether that person is a member of the police, a traffic officer or a prison officer so acting
198A(2)
Use any firearm against Law enforcement officer
Uses any firearm
In any manner whatever
With intent
To resist the lawful arrest of himself, herself or any other person
198B (1)
Commission of an imprisonable offence with a firearm
In committing any imprisonable offence
(a) uses any firearm
(b) has with him or her in circumstances that Prima facie show an intention to use it in connection with that imprisonable offence
234
Robbery
Theft
Accompanied by Violence or threats of violence
To any person or property
Used to extort the property stolen or overcome resistance to its being stolen
235(a)
Aggravated Robbery
Robs any person
At the time of, or immediately before, or immediately after, the robbery
Causes grevious bodily harm
To any person
235(b)
AGGRAVATED ROBBERY
Being together with any other person or persons
Robs
Any Person
235(c)
Aggravated Robbery
Being armed with any offensive weapon or instrument or any thing appearing to be such a weapon or instrument
Robs
Any other person
236(1)(a)
Assault with intent to rob
With intent to Rob
Any Person
Cause GBH to that person or any other person
R v Taisalika
The nature of the blow and the gash it produced would point strongly to the presence of the necessary intent
DDP vs SMITH
GBH
Bodily harm needs no explanation, grievous means no more and no less than serious
Injure
To cause actual bodily harm
R v Donovan
Bodily harm includes any hurt or injury calculated to interfere with the health or comfort of the victim. It need not be permanent but more than merely transitory or trifling
Cameron v R
Recklessness is established if
- the defendant recognised there was a real possibility that
(I) his or her actions would bring about a proscribed result and
(ii) that the proscribed circumstances existed
(b) having regard to that risk those actions were unreasonable
R v Waters
A wound is evidenced by the breaking of the skin and the flowing of the blood. More likely to be external but can be internal
R v Wati
There must be proof of the commission or the attempted commission of a crime either by the person committing the assault or by the person whose arrest or flight he intends to avoid or facilitate
R v TIHI
In addition to one of the specific intents outlined in paragraphs (a), (b) or (c) it must be shown that the offender either meant to cause the specified harm or foresaw the actions undertaken by him we’re likely to expose others to the risk of suffering it
R v Pekepo
A reckless discharge of a firearm in the general direction of a passer by who happens to be hit is not sufficient proof. An intention to shoot that person must be established
Fisher v R
It is necessary in order to establish a charge under 198A(2) for the crown to prove that the accused knew someone was attempting to arrest or detain him
R v Swain
To deliberately or purposefully remove a sawn off shotgun from a bag after being confronted by or called upon by a police constable amounts to use of that firearm within the meaning of s198A
